nanog mailing list archives

Re: What can ISPs do better? Removing racism out of internet


From: Eric Tykwinski <eric-list () truenet com>
Date: Tue, 6 Aug 2019 23:43:40 -0400

John,

Seriously, just quote so people don’t have to look it up.  Honestly, though others are probably right in that case law 
usually will over-ride written law due to our legal structure.

On Aug 6, 2019, at 10:36 PM, John Levine <johnl () iecc com> wrote:

In article <6956E76B-E6B7-409F-A636-C7607BFD881C () beckman org> you write:
Mehmet,

I’m not sure if you understand the terms under which ISPs operate as “common carriers”, and thus enjoy immunity from 
lawsuits due to the acts of their customers.

ISPs in the U.S. are not carriers and never have been.  Even the ISPs
that are subsidaries of telcos, which are common carriers for their
telco operations, are not common carriers for their ISPs.

This should not come as surprise to anyone who's spent 15 minutes
looking at the relevant law.

ISPs are probably protected by 47 USC 230(c)(1) but all of the case
law I know is related to web sites or hosting providers.

[ (1)Treatment of publisher or speaker
 No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information 
provided by another information content provider. ]

Sounds great on paper, but sort of caught backpage in a quondam, perhaps because they installed filters to begin with.
Technically, will anyone else booting customer’s for any offense of TOS be similar is still up for grabs, since it’s 
basically a political nightmare for lawyers right now.
Right or wrong in your philosophy you are basically screwed imho.  I guess that’s why Anne’s got a job...

* Seriously though I think we should probably put a discussion thread in here, it’s reminding me of outages saying me 
too.



Current thread: